ThottathilB. Radhakrishnan, J.

1. The appeal and the revision in hand, arise from a sessions case tried by the Special Judge (SPE/CBI).

2. Three persons were arrayed as accused in a case registered, investigated and final report submitted by the CBI. The proceedings against the first accused abated as he died during inquiry. The other two were tried. The second accused was found guilty of offence punishable under section 302 read with Section 34 IPC. He stands convicted and sentenced to undergo imprisonment for life and to pay fine of rupees 10,000/-, with default sentence of simple imprisonment for six months. The third accused was acquitted.

3. The appeal is by the second accused, challenging his conviction and the sentence imposed. The revision is by the brother of the victim. He challenges the acquittal of the third accused and pleads that the sentence imposed on the second accused be enhanced from life imprisonment to death.

4. The prosecution case is as follows:

i. Varghese, a leader of a naxalite gang, was involved in a number of murder and decoity cases in Wayanad area of Kannur District in the early 1970. He was wanted as an accused person in crime numbers 22/7